Users of the Media and Reserve Services collections, multimedia equipment and editing stations must comply with copyright law. Unauthorized copying of copyrighted or licensed works is prohibited by law. Fair Use allows educators and students to copy works in certain context. Factors for determining fair use include:
- The purpose and character of the use (commercial or nonprofit).
- The nature of the copyrighted work.
- The amount and substantiality of the portion used in relation to the work as a whole.
- The effect of the use on the potential market.
1997 CONFU Fair Use guidelines for multimedia and classroom use recommend the following conservative practices for copying:
- Portion: 10% or 3 minutes of motion media work; 1,000 words of text work; 30 seconds of music and lyrics work; 5 images by an artist; and 2,500 fields/cells from a database.
- Notice & credits: best practice credits the sources of materials used.
- Students: use restricted to course work, classroom study, and portfolio.
- Educators: use restricted to teaching materials for face-to-face, distance education, self directed study, and research. Retention for 2 years (without permission) and for their portfolio.
Copyright Law: US Code, Title 17
- Sect. 106: Exclusive rights of creators
- Sect. 107: Fair use and limits to exclusive rights
- Sect. 108: Libraries and limits to exclusive rights
- TEACH Act: Technology, Education and Copyright Harmonization Act, 2002, Sect. 110 (2) and 112 (f)
- DMCA ACT. Digital Millenium Copyright Act, 1998. See triennial rulemaking exemptions granted "to the prohibiton against access controls", extended Oct. 27, 2009, including 1. "film or media studies ... for the purpose of making compilations ... for educational use in the classroom for media studies or film professors" and 2. obsolete format computer program or video game use.
Additional Resources for Copyright Information
- United States Copyright Office
- Copyright Term and the Public Domain in the United States (Cornell, 2012) chart of copyright and treaty date terms and when works pass into the public domain
- Copyright Basics
- Music Library Association, Copyright Guide, Published Statements including Statement on Digital Audio Reserves
- Fair Use and Free Speech Resources for documentary filmmakers
- Guidelines for Off-Air Taping for Educational Purposes, Congressional Record 1984
- Exemptions from Prohibiton on Circumvention of Technological Measures that Control Access to Copyrighted Works: DVD's clips for educational uses by university professors and students, documentary filmmakers, and noncommercial videos. Library of Congress, July 2010.
- Creative Commons an alternative to copyright for your own creations